[...] I have the pleasure to forward to the attention of the Parliamentary Assembly the above mentioned list.
The procedure for nomination of candidates for the position of judge to the European Court of Human Rights is regulated by the Government Ordinance no. 94/1999 on the participation of Romania in the proceedings before the European Court of Human Rights and the Committee of Ministers of the Council of Europe and the State’s regress following the judgments and friendly settlement conventions, as subsequently amended and supplemented.
Pursuant to Article 5 paragraph (1) of the Government Ordinance no. 94/1999, the nomination of the candidates on behalf of Romania for the position of judge to the Court is made by the Government, with the approval of the committees for legal affairs and for human rights of the Chamber of Deputies and Senate, in a joint meeting, at the proposal of a committee composed of:
The members of the above-mentioned committee exercise their mandate individually and independently and express their own opinion. Article 5 paragraph (11) stipulates that the above-mentioned committee shall be convened by the Minister of Justice, who directs its works. The committee is convened in the presence of at least 5 members and decides with the vote of the majority of those present.
Pursuant to Article 5 paragraph (12), within 5 days following the convocation, the committee, by its secretariat, ensured by the Ministry of Justice, launches the notice concerning the selection of candidates on behalf of Romania for the position of judge to the Court.
The notice was published on 12 October 2021 in the Official Gazette and on the websites:
It can also be published on the websites of the professional legal bodies.
The notice indicated:
The candidates shall be nominated among the persons with high moral and civic intelligence, who meet the requirements of the exercise of certain high judicial positions or who practise law, having recognised professional reputation and meeting the criteria for electing judges laid down in the legal instruments adopted at the level of the Council of Europe with relevance in this field.
A total of 11 applications were submitted. Following their evaluation by the Selection Committee, 7 applications were admitted to the interview stage. On 7 December 2021, one candidate withdrew from the selection procedure.
The Selection Committee met on 7 December 2021, by means of distance communication, to hear the candidates selected for the interview stage (6 candidates).
In December 2021, the Government approved the candidates list and the reserve list by Memorandum on the results of the procedure for the nomination of Romanian candidates for the position of judge at the European Court of Human Rights.
The candidates nominated were heard for an advisory opinion by the members of the Legal and Human Rights Committees of the Chamber of Deputies and the Senate, in a joint meeting in February 2022.
The Government adopted by Memorandum the list of Romania's three candidates for the post of judge at the European Court of Human Rights and its transmission to the Council of Europe. Following the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights Opinion, the revised list was adopted by Government and sent to PACE in January 2023.
Name, forename: JDERU, Claudia
Sex: female
Date and place of birth: 5 July 1977, Sibiu, Romania
Nationality: Romanian
December 2014: Participation as a representative of Romania in the Program HELP of the Council of Europe regarding the education in the case-law of the European Court of Human Rights
01/10/2001-31/07/2003: Magistrate Diploma, The National Institute of Magistracy
01/10/1996-01/07/2000: Bachelor Degree in Law, Faculty of Law, Bucharest University
Continuous professional development at the National Institute of Magistracy and other EU judicial training institutions. Sessions attended include:
01/12/2016-14/11/2017 and since 01/08/2019 – Bucharest, Romania
Judge of the Bucharest Court of Appeal, First Criminal Section
01/09/2009-30/11/2016, Bucharest, Romania
Judge of the Bucharest Tribunal, First Criminal Section
01/04/2009-31/08/2009, Bucharest, Romania
Judge of the Bucharest Tribunal, Labour Law Litigation Section
01/05/2004-31/12/2005 and 01/07/2006-31/03/2009, Bucharest, Romania
Judge of the Bucharest Second District First Instance Court, Criminal Section
01/09/2003-30/04/2004 – Drobeta Turnu Severin, Romania
Trainee prosecutor in the Public Prosecutors Office attached to Drobeta Turnu Severin District Court
5/11/2017-01/08/2019, The Hague, the Netherlands
Deputy of the National Member for Romania at Eurojust
01/01/2006-30/06/2006, Bucharest, Romania
Judge delegated to the Ministry of Foreign Affairs, Governmental Agent of the European Court of Human Rights
01/05/2006-current, Bucharest, Romania
Trainer within the National Institute of Magistracy, Human Rights Catedra
01/03/2020 – current, Bucharest, Romania
Trainer within the National Institute of Magistracy, European Union Law Catedra, International co-operation in criminal matters
01/12/2011 – current
Trainer within the National Institute of Magistracy, Continuous training of magistrates, Department in the field of “Criminal law and Criminal procedural law”
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I teach the “The case-law of ECtHR” at the National Institute of Magistracy on contract basis since May, 2006. My students are the prosecutors, candidate prosecutors, judges and candidate judges. My scope of work as a lecturer includes also drafting course syllabus and teaching materials such as case studies, MCQs (multiple-choice question tests), Power point presentations, evaluation questionnaires and training modules including e-learning and distance learning modules.
Issues relating to human rights are an important part of my daily work as judge. I have been involved and actively engaged in a large number of cases where issues relating to human rights, and the balancing of conflicting rights, have been very much in focus. In that task of weighting all the interests involved, the use of case law from the European Court of Human Rights has been constant since, in addition to the authority of the highest court, we are required to do this in accordance with the opening clause of article 20 of the Romanian Constitution, according to which the fundamental rights acknowledged in that Constitution must be construed in accordance with the international treaties and agreements ratified by Romania on those issues. Reinforcing that use and safeguarding the principle of "res interpretata" have been a constant purpose in my activity as a court of appeal judge.
I have also, especially in my capacity as a trainer, been active in raising awareness about issues relating to fundamental rights and human rights within the judicial system, about the need to develop competencies in these issues within the judiciary and to about the importance of integrating human rights law into the judicial practice at all levels. These have been central themes in many lectures that I have given, as well as in speeches and interventions in various seminars and conferences over the years.
I have actively contributed to efforts aimed at improving the training and knowhow of judges and prosecutors in human rights law, as well as in efforts aimed at improving the spreading of information about European case-law relating to human rights.
Working as a Deputy of the National member for Romania at Eurojust has required an aptitude for working as part of a team in an international environment in which several legal systems coexist and for interpersonal and communication skills necessary to exert my influence within the agency. Most cases involving international co-operation in criminal matters raise concerns relating to human rights, especially the right to a fair trial and the right to liberty. Therefore I had to always keep in mind the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union and give guidance to my national judicial authorities requesting the assistance of our national desk.
September 2011-April 2013 – “Human rights in the framework of criminal proceedings, a criminal laboratory on the implementation of EU legal instruments” run by the French National School for the Judiciary in partnership with the judical training institutes of Belgium, Spain and Romania with financial support from the Criminal Justice Program of the European Commission Directorate General for Justice.
June 2013-July 2014 – “Judicial response to crime committed by EU juvenile offenders” run by the Ecole Nationale de la Magistrature (French National School for the Judiciary, hereafter ENM) in partnership with the Judicial Service for Juvenile Protection (DPJJ, French Ministry of Justice) and its operator GIP-JCI, judicial training institutions from 4 MS forming a core-group with France (Romania, Italy, Slovak Republic and Spain) on improving the training of participating judges and prosecutors by developing the capacity to respect the rights of vulnerable victims by identifying best practices regarding assistance to young victims, in particular victims of organised crime.
11-12/02/2014 – Attending the discussions with representatives of the Service for the Enforcement of Judgments of the European Court of Human Rights, the General Secretariat, the Council of Europe on the enforcement of judgments of the European Court of Human Rights on conditions of detention and the establishment of an effective remedy regarding pre-trial detention. Bragadireanu Group of Cases v. Romania (22088/44) and Iacov Stanciu 'quasi-pilot' judgment v. Romania (35972/05), Strasbourg, France.
November 2014-November 2015 – “JUST/2013/JPEN/AG/4496 Procedural rights in EU criminal law” project coordinated by the Superior Council of Magistracy aimed at strengthening the guarantees of procedural rights of victims and perpetrators in order to promote judicial cooperation through unitary professional training for judges, prosecutors, lawyers and clerks from 6 EU member States (Belgium, Bulgaria, Spain, Poland, Italy, Romania) for the implementation and proper application of the new EU judicial instruments on procedural rights.
28/11/2012, “Criminal evidence from the perspective of the right to a fair trial and the right to respect for home and correspondence”, continuous training, program for the magistrates of Alba Iulia Court of Appeal and of the courts within its territorial jurisdiction, Alba Iulia, Romania
12-14/11/2014, “Procedural rights in EU criminal law”, Bucharest, Romania
30-31/03/2015, “ECHR, Criminal limb”, Bucharest, Romania
30-31/03/2017, “ECHR, Criminal limb”, Bucharest, Romania
04/11/2019 – “Ne bis in idem, ECtHR and CJEU jurisprudence”, continuous training, program for the magistrates of Ploiești Court of Appeal and of the courts within its territorial jurisdiction, Ploiești, Romania
June-October 2020 – tutoring the HELP course on Procedural Safeguards in Criminal Proceedings and Victims’ Rights under the project “EU-CoE HELP in the EU II”
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Co-author of Practical guide on templates of procedural acts in criminal matters, trial phase (743 pages) and Practical guide on application forms in criminal matters (155 pages), 2014. Both guides are still posted on the websites of the National Institute of Magistracy (http://www.inm-lex.ro/fisiere/d_2128/Ghid%20practicieni%20revizuit%20-modele%20de%20acte%20procedurale%20in%20materie%20penala%20instante.pdf), of the Ministry of Justice (http://portal.just.ro/Ghiduri/Ghid%20justitiabili%20-modele%20de%20cereri%20in%20materia%20dreptului%20penal.pdf) and different national courts e.g. Curtea de Apel București (http://www.cab1864.eu/?pag=60), Tribunalul București (https://tribunalulbucuresti.ro/index.php/informatii/anunturi/27-ghiduri-si-formulare)
Co-author of Final scientific report, Judicial response to crime committed by EU unaccompanied juvenile offenders, (262 pages), 2014.
Co-author of “Code of Criminal Procedure. Comments on articles ”, 1st, 2nd, 3rd edition, Ed. C.H. Beck, Bucharest 2015, 2017, 2020. The first edition was awarded the ”Vintilă Dongoroz” scientific prize by the Romanian Lawyers Union.
Author of the article „The right to defense, practical approach” published in “New institutions of criminal law and criminal procedural law in the interprofessional dialogue between judges and lawyers”, “Universul Juridic” Publishing House, Bucharest 2015
Co-author of ”Handbook on procedural rights in EU criminal law”, (374 pages), 2015, containing training materials on the topic to be found on the website of the Academy of European Law, an international training institution providing expertise in EU law – https://www.era.int/upload/dokumente/18183.pdf
„Money laundering, confiscation, freezing and seizing of proceeds of crime. Romanian perspective. Human rights issues”, ERA Forum, Journal of the Academy of European Law vol.17, nr.3, september 2016, Ed. Springer Verlag GmbH, Heidelberg, Germania
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I hold a Cambridge Certificate of Proficiency in English.
3-4 December 2015, Trier, Germany, lecturer in „The Fourth EU Anti-Money Laundering Directive, New tools and future challenges”, Academy of European Law
30/05/2018 Bench member ICC Moot Court Competition, The Grotius Centre for International Legal Studies – Leiden University, The Hague, the Netherlands
24-26/07/2018, Training of trainers, OSCE Training for the General Prosecutor`s Office, Tashkent, Uzbechistan
26-28/06/2019, Bucharest, Romania, Eurojust representative at the 52nd EJN Plenary meeting, lecturer on the role of the Eurojust in fostering the practical application of the EU mutual recognition instruments
16-18 November 2020, 14 – 16 June 2021, Bucharest, Romania, legal expert, lecturer in “Legal English, Criminal Matters”, EJTN Catalogue Plus Seminar
I confirm my intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, my term of duty if elected a judge on the Court.
My strong characteristics are initiative and patience. I have strong expressed self−control. These characteristics demonstrate my ability to work in a team. I have always had a respectful dialogue with my colleagues, judges, prosecutors, lawyers and all people in court. During my career I was a part of several projects which resulted in the improved efficiency of judiciary. For the entire duration of the judicial function, I ended each judicial year with a very high statistical quality data.
I am able to adapt quickly to new people, living and working environments and very sociable and communicative.
In the event that I am appointed as a judge at the ECHR, I formally undertake to take up permanent residence in Strasbourg.
Name, forename: RADU, Razvan – Horatiu
Date and place of birth: 13 February 1979, Bacau, Romania
Nationality: Romanian
2013: University of Bucharest, Faculty of Law, PhD in Criminal Law, thesis "Participation in criminal law"
2005-2006: University of Bucharest, Faculty of Political Science, Master degree in International Relations
2004-2005: Ministry of Foreign Affairs, Diplomatic Academy, Postgraduate Studies
2004-2005: Academy of Economic Studies, Bucharest, Postgraduate Studies in Human Resources Management
2001-2003: National Institute of Magistracy, Auditor of Justice
February-May 2000: Sophia Antipolis University, Faculty of Law, Nice, France, Erasmus Socrates Fellowship
1997-2001: “Al. I. Cuza” University of Iaşi, Faculty of Law, Bachelor degree in Law
Participant in several internships and professional training programs:
2004: International Institute of Human Rights (Rene Cassin), Strasbourg, summer school
2005: Prosecutor's Office of the Paris High Court, EJTN internship
2006: The Hague Academy of International Law, summer school
2008 and 2013: European Center for Security Studies “George C. Marshall”, Garmisch-Partenkirchen, Senior Executive Seminar (SES)
2008: Defense Academy of the United Kingdom, course for high-ranking officials
Since February 2022 Prosecutor, the Prosecutor's Office attached to the High Court of Cassation and Justice, Judicial Section, Criminal Judicial Unit, Representation Office, where I am responsible for preparing the opinions of the Public Ministry for the court hearings at the Constitutional Court and High Court of Cassation and Justice and the representation at the court hearings
March 2020 – February 2021: Prosecutor, the Prosecutor's Office attached to the High Court of Cassation and Justice, Judicial Section, Criminal Judicial Unit, Representation Office, where I was responsible for preparing the opinions of the Public Ministry for the court hearings at the Constitutional Court and High Court of Cassation and Justice and the representation at the court hearings
June 2019 – March 2020: Deputy of the General Prosecutor of Romania, the Prosecutor's Office attached to the High Court of Cassation and Justice
July 2018 – June 2019: Prosecutor, the Prosecutor's Office attached to the High Court of Cassation and Justice, Judicial Section, Criminal Judicial Unit, Representation Office, where I was responsible for preparing the opinions of the Public Ministry for the court hearings at the Constitutional Court and High Court of Cassation and Justice and the representation at the court hearings
July 2004 – August 2006: Prosecutor, the Prosecutor's Office attached to the Bucharest Tribunal, where I was responsible to carry out my own criminal investigation in cases of petty corruption, organised crime, homicide crimes, etc.
April – July 2004: Prosecutor, the Prosecutor's Office attached to the 6th District Court of Bucharest, where I was responsible for the supervision of the criminal investigation carried out by the police and the participation in the court hearings, etc.
August 2003 – April 2004: The Prosecutor's Office attached to the Roman Court, where I was responsible for the supervision of the criminal investigation carried out by the police and the participation in the court hearings, etc.
February 2021-February 2022: Prosecutor seconded as Secretary General, Ministry of Justice
Since 2020: Expert in respect of Romania within the Consultative Council of European Prosecutors (CCPE), Council of Europe, Strasbourg
Since 2016: Member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Council of Europe, Strasbourg
March 2011-May 2018: Prosecutor seconded as Undersecretary of State – Government Agent for the Court of Justice of the European Union, Ministry of Foreign Affairs (March 2011 – December 2012, Department of European Affairs and, subsequently, Ministry of European Affairs), having as main responsibilities representation of the Romanian Government before the European Court of Justice and the General Court in the actions provided by the Treaties; representation of the Romanian Government before the European Commission in the pre-litigation phase of the infringement procedures; endorsement of normative acts transposing European Union law
August 2007-February 2011: Prosecutor seconded as Undersecretary of State – Government Agent of Romania for the European Court of Human Rights, Ministry of Foreign Affairs, where I was responsible for representing the Government of Romania in proceedings before the European Court of Human Rights and the Council of Ministers of the Council of Europe
September 2006-August 2007: Prosecutor seconded as Head of the European Affairs and International Relations Service, Superior Council of Magistracy, where I was responsible for centralising and preparing documentation to formulate the positions of the Superior Council of Magistracy in relation to European institutions and bilateral relations, centralisation progress documents in the judiciary in order to prepare CVM reports, managing European-funded programs of the Superior Council of Magistracy, the National Institute of Magistracy and the National School of Clerks, coordinating the revision of translations of ECHR decisions to be published on the institution's website
Since 2018: Associate Professor, Academy of Economic Studies, Faculty of International Economic Relations and Faculty of Law (since 2021), teaching “European Union Law” and “Criminal Law”
2010-2022: University Lecturer, “Al. Ioan Cuza” University of Iaşi, Faculty of Law, teaching “European Convention on Human Rights”, “Jurisprudence of the European Court of Human Rights” and “Procedure before the Court of Justice of the European Union”
Since 2010: Trainer, National Institute for the Training of Lawyers, teaching “European Human Rights Law” and “European Union Law”
2013-2016: expert trainer, National Institute of Magistracy, teaching “European Convention on Human Rights” and “European Union Law”
2007-2015: Associate Professor, Romanian-American University, Faculty of Law, teaching “Diplomatic and Consular Law”
2007-2012: Lecturer, Romanian Diplomatic Institute, teaching “International Protection of Human Rights”
2007-2009: Associate Professor, University of Bucharest, Faculty of History, teaching “International Protection of Human Rights”
2019-2022: Visiting Professor, European Union's Erasmus + Program, University of Poitiers, University “Carthage” of Tunis, “Hassan II” University of Casablanca and University of Grenoble
Since 2018: Executive President of the Romanian Society of European Law (SRDE), the only association in Romania member of the International Federation of European Law (FIDE), the most important profile organization at European level.
Rapporteur from Romania at the FIDE 2020 Congress-Section “National courts and the implementation of European law”
Since 2016: Member of SIPE, Societas Iuris Publici Europaei
Since 2016: Member of the Editorial Board of Universul Juridic Review
Since 2019: Member of the Scientific Committee of the Pro Lege Review, edited by the Prosecutor's Office attached to the High Court of Cassation and Justice
2015-2016: Member of the Commission for the Selection of Judges in respect of Romania at the Court of Justice of the European Union and the General Court of the European Union
2011-2018: Member in respect of Romania on the Administrative Council of the College of Europe
In the last 20 years, I have carried out activities that have allowed me to acquire and improve both my theoretical and practical knowledge in the field of human rights, both domestically and internationally, a large part of my work being dedicated to this purpose.
During the years of study and, subsequently, I attended courses related to the field of International or European Human Rights Law at the Faculty of Law of “Al. Ioan Cuza” University of Iași, Faculty of Law of “Sophia Antipolis University of Nice” (2000), National Institute of Magistracy (2001-2003), International Institute for Human Rights from Strasbourg (2004).
As a prosecutor, I ensured, in the criminal prosecution activity, the guarantee of the rights and freedoms secured by the European Convention on Human Rights and I invoked the provisions of the Convention, in particular, in the conclusions formulated at the High Court of Cassation and Justice in the procedures concerning preliminary rulings and appeals in the interest of the law and at the Constitutional Court, in court hearings, where exceptions of unconstitutionality in criminal matters were debated.
As a Government Agent for the Court of Justice of the European Union (2011-2018), I coordinated and endorsed observations on more than 100 preliminary references, many of which raised issues of applicability of the rights guaranteed by the Charter of Fundamental Rights in the European Union and the European Convention on Human Rights. Some of these cases have become jurisprudential landmarks (for example, the decisions Radu, Bob-Dogi, Aranyosi and Căldăraru, Opinion 2/2013 on EU accession to the ECHR, Coman, etc.)
As a Government Agent for the European Court of Human Rights (2007-2011), I have represented Romania in over 1000 cases pending either before the European Court of Human Rights or before the Committee of Ministers in order to execute the Court's decisions. I have also participated in various meetings or working groups of the Council of Europe which are usually attended by government agents (for example, the Steering Committee for Human Rights, Government Agents' Meetings, seminars and conferences, etc.). Also as a Government Agent, I organised, on 17 February 2011, in Bucharest, together with the Service for the Execution of ECHR Judgments within the Council of Europe, a ministerial conference on the restitution of property from the perspective of ECHR case law.
Since 2007, I have taught continuously at various universities in Romania and abroad on human rights courses, as I detailed in point III b.
Since 2010, I have been also a trainer at the National Institute for the Training of Lawyers.
I was an expert trainer at the National Institute of Magistracy (2013-2016) and at the Romanian Diplomatic Institute (2007-2012) for the Law of the European Convention on Human Rights, European Human Rights Law or International Protection of Human Rights. Therefore, over the years, I have participated in numerous courses and training sessions for lawyers, magistrates (judges and prosecutors) and diplomats.
Since 2016, as a member of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), I have participated in visits to places where people are deprived of their liberty (places of detention, psychiatric hospitals, social care homes) and I participated in the drafting of the related reports, as well as in the plenary sessions in which the Committee's reports were adopted.
Since 2022, Training expert for prosecutors and police officers in the implementation of the ECHR judgments regarding hate speech, especially in the field of LGBTQI people and Expert for the drafting of a handbook of good practices and working procedures regarding the rights of persons with disabilities deprived of liberty in order to prevent acts of torture, inhumane and degrading treatment (Norway Grants Programs implemented by NGOs together with the Prosecutor's Office).
The scientific and research activity I carried out focused in particular on the subject of the European Convention on Human Rights, analysed separately or together with institutions of criminal law or criminal procedure, as detailed in point VII.
At the Ministry of Justice, I coordinated the working group on victim protection which had as object the identification of general measures for the execution of ECHR decisions by Romania, in the cases Bălșan, EB, MGC, CAS and CS, RIP and DLP (March-November 2021).
2008-2011: Member of the Steering Committee for Human Rights (CDDH), Council of Europe, Strasbourg
2007: Council of Europe Expert on ECHR, Legal Training, Georgia Ministry of Justice (2007)
2009: Council of Europe Expert on ECHR Magistrates' Training Seminar Poland (2009)
2013: European Union Law Training Expert (with a component on the application of the Charter of Fundamental Rights in the EU), European Institute for Public Administration (EIPA), Luxembourg
2007-2018: Participant as trainer / expert in the field of ECHR or EU law at training seminars or conferences organized in Romania by the Prosecutor's Office attached to the High Court of Cassation and Justice, the Prosecutor's Office attached to the Bucharest Court of Appeal, the Prosecutor's Office attached to the Bucharest Tribunal, the Prosecutor's Office attached to the Craiova Court of Appeal, the Prosecutor's Office attached to the Maramureș Tribunal, the National Anticorruption Directorate, the High Court of Cassation and Justice, the Alba Iulia Court of Appeal, the Iaşi Court of Appeal, the Oradea Court of Appeal, the Cluj Court of Appeal, the Prosecutor's Office attached to the Cluj Court of Appeal, Bucharest Tribunal, National Institute of Magistracy, Superior Council of Magistracy, etc.
February 2021-February 2022: Prosecutor seconded as Secretary General, Ministry of Justice
June 2019-March 2020: Deputy Prosecutor General, the Prosecutor's Office attached to the High Court of Cassation and Justice
March 2011-May 2018: Prosecutor seconded as Undersecretary of State – Government Agent for the Court of Justice of the European Union, Ministry of Foreign Affairs (March 2011 – December 2012, Department of European Affairs and, subsequently, Ministry of European Affairs)
August 2007-February 2011: Prosecutor seconded as Undersecretary of State – Government Agent of Romania for the European Court of Human Rights, Ministry of Foreign Affairs
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This is not the case because as a magistrate-prosecutor such activities are incompatible.
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I have written as an author or co-author over 30 papers (courses for students, monographs, a dictionary, articles, specialised studies, scholarly research) in the field of Law of the Human Rights, European Union Law or Criminal Law and Criminal Procedure. Many of these papers deal with practical issues of application of the European Convention on Human Rights in the field of criminal law, criminal procedure or constitutional law, including the following ones:
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I agree if there is such a recommendation.
Married. One child.
I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.
Name, forename: RĂDULEȚU, Sebastian Radu Iulian
Sex: male
Date and place of birth: 16 August 1975, Cluj-Napoca, Cluj County, Romania
Nationality: Romanian
2014-2015: Postgraduate Diploma in European Union Law
July 2014: Summer School “The European Area of Criminal Justice”
April 2014: Certificate of habilitation and the right to supervise PhD theses in Law
2012-2014: Master of Studies in International Human Rights Law
July-August 2009: Summer School “Introduction to International Human Rights: Theory, Law and Practice”
July-August 2006: Summer School “Legal Methods: Introduction to U.S. Law”
2000-2001: Inter-University Diploma of 3rd cycle “Droits Fondamentaux”
2000-2001: University Diploma in Franco – Romanian Business Law
April-June 2000:Traineeship at the Council of Europe, Human Rights Directorate
1997-2000: PhD studies in Law (and PhD Diploma)
February 1999: Study visit to the European Court of Human Rights
1994-1998: Graduate Studies in History and English Language
1993-1997: Graduate Studies in Law
1989-1993: Nicolae Bălcescu (Carol I) High School
I have been a practicing lawyer since 1998, at the beginning in the Mehedinti Bar Association and, after the final examination, in the Dolj Bar Association.
I am a partner in “Raduletu & Gherghe” Law firm since 2002.
Since 2018 I am a practicing lawyer on the List of Counsel of the International Criminal Court.
I have represented clients as a counsel in cases before Romanian courts, including the High Court of Cassation and Justice, the highest national jurisdiction, and the Constitutional Court.
I have also gained experience before the European Court of Human Rights where I represented applicants as a lawyer in cases such as Patrascu v Romania (application no. 7600/09, judgment from 14 February 2017), Contoloru v. Romania (application no. 22386/04, judgment from 25 March 2014), Hogea v. Romania (application no. 31912/04, judgment from 29 October 2013), Viasu v. Romania (application no. 75951/01, judgment from 9 December 2008), Mircea v. Romania (application no. 41250/02, judgment from 29 March 2007) or Ionescu v. Romania (application no. 38608/97, judgment from 2 November 2004).
I am a member of several famous professional organisations: European Criminal Bar Association (ECBA) and International Criminal Court Bar Association (ICCBA). In this capacity I had the opportunity to participate to conferences, courses and trainings and I met other lawyers from different countries with interest in European criminal law, international criminal law and the rights of the persons involved in criminal proceedings.
In June 2017 I was a trainee in judge Cristopher Vajda’s chambers at the Court of Justice of the European Union in Luxembourg.
In May 2019 I participated in an advocacy training, organised by the International Criminal Court Bar Association at the International Criminal Court headquarters in the Hague.
In 2001-2002 I was employed by the Council of Europe and assigned to the Registry of the European Court of Human Rights, as a lawyer. In this capacity, I assisted the judges of the Court in different cases before them, I conducted much research into the case-law of the Court on different articles of the Convention, I wrote reports on comparative law, I worked with the lawyers or the Registry and I wrote drafts of decisions and judgments (both in repetitive and complex cases) under their supervision.
In 2015, I became a professor at the Law Faculty of the University of Craiova, Romania. In this capacity, I have taught a course on Fundamental Freedoms and a course on General Criminal Law. I also taught in some periods of my academic career a course on Constitutional Law and a course on the Procedural Rights under the European Convention of Human Rights.
In 2014, I was granted the certificate of habilitation and the right to supervise PhD theses in Law. Since then, I am a member of the Doctoral School of my faculty and I supervise PhD theses in human rights law.
I started my academic career in 1997 at the Faculty of Law of the University of Craiova and I was a teaching assistant (1997-2001), tutor (2001-2002), lecturer (2002 – 2008), assistant professor/reader (2008-2015) and professor (from 2015). In 2014-2015 I was a vice dean of the Faculty of Law.
In 2019, I trained a team of students from the Law Faculty of the University of Craiova, team who acceded to the final phase of the student international criminal law competition called Nuremberg Moot Court.
In 2015-2018, as a Farthing scholar and later as a retained lecturer at Pembroke College, University of Oxford, I taught tutorials in English Criminal Law to undergraduate students of several colleges of the University of Oxford (Merton, St Anne’s, Pembroke and Lincoln).
Since 2015, I am a visiting professor at HEC Management School Liège University. In this capacity, every year I teach a 30-hours course on Public Law to the students of the Master programme „Public Management” organised by Ecole Supérieure de la Francophonie pour l’Administration et Gestion (ESFAM) Sofia. ESFAM is an academic institution sponsored by the Francophone University Agency (AUF). Liège University, where I am a visiting professor, is partner in this academic project together with other famous francophone universities such as University Paris 1 Sorbonne, University of Nantes or Lumières University Lyon 2. The students come to ESFAM from different francophone countries of Europe, Africa, Asia and America.
As an academic and a practitioner, I have written, as a author or coauthor, different scientific papers in various branches of law, such as human rights law, criminal law, criminal procedure or constitutional law. About 30 of them deal with human rights issues, the most relevant being presented at the point VII of this document.
I am a founding member of the Craiova Fundamental Law Research Center, established in 2006 at the Faculty of Law. Since 27 February 2007, this research institution is sponsored by the Romanian Academy.
I am also a member of the European Criminal Law Academic Network (ECLAN), an academic European network with an intense activity in the field of European criminal law.
I am a contributor to several national and international law journals (Revista de Drept Public, Revista Română de Jurisprudență, Pandectele Române, International Journal of Transitional Justice).
Since 2015, I am a doctoral student at the Faculty of Law of the University of Oxford with a thesis on Corporate Criminal Liability under European Union Law. This thesis is almost completed and I will submit it in the first part of 2022. For this research programme, I was granted a full Farthing scholarship by the Pembroke College and the University of Oxford. My supervisor is professor Rebecca Williams.
In February-March 2018, I was a visiting scholar at Columbia Law School, New York City, United States of America, where I participated in seminars and workshops, and I presented my research during a conference. I also conducted research in corporate criminal liability under the supervision of professor Daniel Richman, one of the best American lawyers in this field of law, a former federal prosecutor.
In August-September 2012, I was a visiting scholar at Queen Mary School of Law, University of London where I conducted research in human rights law under the supervision of professor Merris Amos, the author of numerous books and articles in this field of law.
I was also a member or a manager in various research projects both at national and at international level, including an Erasmus + project. Some of these research projects covered human rights issues such as the exception of unconstitutionality or the right to identity and the policies of social inclusion.
FinalIy, I participated in many conferences on human rights issues where I presented my research on various topics in this field of law.
In July-December 2008, I worked as counselor of the Romanian Minister of Justice.
In Juin 2009-October 2010, I was a deputy member of the National Integrity Council.
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Judicial and academic legal activities conducted at national and international level, the studies, the research and the professional activities in civil law and common law countries together with the working experience in an international and multicultural environment represent important arguments in favour of my application. I will present them below, in a systematic manner.
I wrote a PhD thesis titled “The Right of Property as a Fundamental Right” under the supervision of professor Ion Dogaru from the University of Craiova and I submitted and defended it in 2000. On that occasion, I analysed the main features of this fundamental right and I assessed how it was protected by means of Constitutional law by the Romanian courts under the Constitution of 1866, by the Court of Cassation and Justice under the Constitution of 1923, and by the Constitutional Court in the present. I also evaluated the case-law of the European Court on Human Rights on Romanian cases concerning the right of property.
In 2001, I received an Inter-University Diploma of 3rd cycle "Droits Fondamentaux" from the University Paris X Nanterre and Nantes University. On that occasion, I wrote a dissertation titled „Législation et jurisprudence roumaine concernant la liberté individuelle par rapport à la Convention Européenne des Droits de l’Homme” («Romanian Law and Jurisprudence on Individual Liberty and the European Convention on Human Rights»).
In 2009, I participated to the five-weeks Summer School «International Human Rights: Law, Theory and Practice», organised by London School of Economics and Political Science. The most important courses in this programme were taught by professor Conor Gearty. I received A marks during the final exam.
In 2012 – 2014, at the University of Oxford, I was a New College student in the Master of Studies in International Human Rights Law. For this programme, I was granted a full scholarship by Clarendon Fund, an organization financed by Oxford University Press. I was the only student in my study year who was granted this type of scholarship. In this programme, the courses were taught by leading scholars and practitioners in the field of human rights. For example, professor Juan Mendez, the UN Special Rapporteur for Torture, taught the Transitional Justice course (I received 80 marks in the final exam) and professor Patricia Sellers, Special Advisor for Slavery Crimes to the Prosecutor of International Criminal Court, taught the course on International Criminal Law (I received 70 marks in the final exam). I wrote my dissertation paper under the supervision of professor Jeremy McBride, one of the most reputed specialists in the European Convention of Human Rights. It was titled „National Prosecutions as the Main Remedy in Cases of Massive Human Rights Violations: An Assessment of the Approach of the European Court of Human Rights” and later I used it as a basis for a journal article bearing the same title.
As I mentioned above at the point II b.2, I am a doctoral student at the Faculty of Law of the University of Oxford with a thesis on Corporate Criminal Liability under European Union Law. This thesis is almost completed and I will submit it in the first part of 2022. Although the main focus of my thesis is EU criminal law, it also deals with important human rights issues. For example, it analyses the presumption of innocence or the foreseeability and accessibility of criminal law rules developed by the European model of corporate liability.
In 2001-2002 I was employed by the Council of Europe and assigned at the Registry of the European Court of Human Rights, as a lawyer. In this capacity, I assisted the judges of the Court in different cases before them, I conducted much research on the case-law of the Court on different articles of the Convention, I wrote reports on comparative law, I worked with the lawyers or the Registry and I wrote drafts of decisions and judgments (both in repetitive and complex cases) under their supervision.
I have been a practicing lawyer since 1998 and a partner in „Raduletu & Gherghe” Law firm since 2002. Since 2018, I am a practicing lawyer on the List of Counsel of International Criminal Court.
I have represented clients as a counsel in cases before Romanian courts, including the High Court of Cassation and Justice, the highest national jurisdiction, and the Constitutional Court. Given that I am practicing mainly in criminal law field, the most part of my cases raise important problems of human rights law too.
I have also gained experience before the European Court of Human Rights, where I represented applicants as a lawyer in cases such as Patrascu v Romania (application no. 7600/09, judgment from 14 February 2017), Contoloru v. Romania (application no. 22386/04, judgment from 25 March 2014), Hogea v. Romania (application no. 31912/04, judgment from 29 October 2013), Viasu v. Romania (application no. 75951/01, judgment from 9 December 2008), Mircea v. Romania (application no. 41250/02, judgment from 29 March 2007) or Ionescu v. Romania (application no. 38608/97, judgment from 2 November 2004).
As a practicing lawyer on the List of Counsel of the International Criminal Court, but also as a member of the European Criminal Bar Association (ECBA) and of the International Criminal Court Bar Association (ICCBA), I have participated to conferences, courses and trainings and I have met other lawyers from different countries with interest in European criminal law, international criminal law and the rights of the persons involved in criminal proceedings.
For example, in May 2019, I participated in an advocacy training, organised by the International Criminal Court Bar Association at the International Criminal Court headquarters in the Hague. This training was focused on the judicial instruments for lawyers to defend the rights of persons parties in criminal proceedings before ICC.
As an academic and a practitioner, I have written, as an author or co-author, different scientific papers in various branches of law, such as human rights law, criminal law, criminal procedure or constitutional law. About 30 of them cover human rights issues, the most relevant being presented at point VII of this document.
For example, two of my articles were published by famous international journals:
The article “National Prosecutions as the Main Remedy in Cases of Massive Human Rights Violations: An Assessment of the Approach of the European Court of Human Rights” was published by International Journal of Transitional Justice (2015, 9, 449-468). This article was cited in important international journals, including Yale Journal of International Law in 2020 (in the article „When Prosecution is Not Enough: How the International Criminal Court Can Prevent Atrocity and Advance Accountability by Emulating Regional Human Rights Institutions”, authors J.L Cavallaro and Jamie O’Connell).
The article “The Right of Members of the Clergy to Form and Join Trade Unions and the Autonomy of Religious Organizations—a Recent Case of the European Court of Human Rights was published by Oxford Journal of Law and Religion (volume 3, issue 1, February 2014. It was also cited in several international journals, in articles written in English and Spanish.
My articles published in Romanian journals, presented below at point VII, approached important and actual issues from the case-law of the ECHR such as the right to a healthy environment, the rights of arrested persons, the protection of property right, the right to a fair trial in criminal proceedings or the pilot judgment procedure developed by the Court under article 46 of the Convention.
I also wrote papers on the general aspects of fundamental rights but also on the case-law of the Romanian Constitutional Court concerning the freedom of expression or the right to private life.
Moreover, I am a co-author of a commentary on articles 31 and 88 – 93 from Romanian Code on criminal procedure, which is included in the book edited by Mihai Udroiu entitled Codul de procedură penală. Comentariu pe articole (The Code of criminal procedure. Commentary by articles), 2017 and 2020 editions. My contribution focuses on the role of the defence lawyer, legal assistance and representation in criminal proceedings. It is obvious that these legal institutions are strongly related to de protection of fundamental rights of the parties to criminal proceedings.
Furthermore, in August – September 2012, I was a visiting scholar at Queen Mary School of Law, University of London where I conducted research in human rights law under the supervision of professor Merris Amos, the author of numerous books and articles in this field of law.
Moreover, I participated in numerous national and international conferences where I intervened on various issues on human rights law.
I was also a member or a manager in various research projects both at national and international level, including an Erasmus + project. Some of these research projects covered human rights issues such as the exception of unconstitutionality or the right to identity and the policies of social inclusion.
Finally, I participated in many conferences on human rights issues where I presented my research on various topics in this field of law. An example is the seminar of 12 April 2012 organised by the Catholic University of Louvain (Belgium) where I had an intervention titled “Quelques considérations critiques sur l’arrêt du 31 janvier 2012, prononcé par la Cour Européenne des Droits de l’Homme dans l’affaire Pastorul cel Bun c. Roumanie”. Another example is the cycle of seminars coordinated and organised by Professor Michael Martinek each year between the University of Craiova and the University of Saarland from Saabrucken, Germany. On these occasions, I intervened on issues such as the international criminal law and the fundamental rights or the rights to private life and the pollution cases in the case-law of the European Court of Human Rights.
As a scholar at the Faculty of Law of the University of Craiova, I have taught since 2002 the course on Fundamental liberties for the students of the fourth year of study. During this course, I analyse mainly the case-law of the European Court of Human Rights. Moreover, I used to teach to the master students a course on the Procedural Rights in the European Convention of Human Rights. In addition, even the Criminal Law course which I teach to the students of the second year or study implies approaching human rights issues such as the legality principle or the presumption of innocence. The same aspect is valid for the tutorials in English Criminal Law I taught in 2015-2018 at the University of Oxford.
In 2014, I was granted the certificate of habilitation and the right to supervise PhD theses in Law. Since then, I am a member of the Doctoral School of my faculty and I supervise PhD theses in human rights law, on important issues such as the right to education of the children in state care or the rights of the parties in criminal proceedings.
Since 2015, I am a visiting professor at HEC Management School Liège University. In this capacity, every year I teach a 30-hours course on Public Law to the francophone students of Master programme „Public Management” organised by Ecole Supérieure de la Francophonie pour l’Administration et Gestion (ESFAM) Sofia. The teaching framework is a multicultural one, with students coming to ESFAM from different francophone countries of Europe, Africa, Asia and America. An essential part of my course concerns the concept of human rights and their protection at universal and regional level.
In July-December 2008, I worked as counselor of the Romanian Minister of Justice.
In Juin 2009-October 2010, I was a deputy member of the National Integrity Council.
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Author of the article:
Author of the article:
Co-author of a commentary on articles 31 and 88 – 93 of the Romanian Code on criminal procedure, which is included in the book edited by Mihai Udroiu, entitled Codul de procedură penală. Comentariu pe articole (The Code of criminal procedure. Commentary by articles) C.H. Beck Publishing House, 2017 and 2020 editions.
Author of the article:
Author of the article:
Author of the article:
Co-author, together with Crina Kaufman, of the article:
Co-author, together with Răzvan Proca, of the article:
Co-author, together with Dan Claudiu Dănișor, of the article:
Author of the article:
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I consider that I meet the level of language proficiency required for the post of judge in both official languages of the Court. However, if necessary, I confirm my intention to follow intensive language classes of the language concerned prior to, and if need be, also at the beginning of my term of duty if elected a judge on the Court.
Concerning the knowledge of French, I received a DALF (Diplôme approfondi de langue française), attached to this curriculum vitae (Test d’accès direct au DALF, B1, B2, B3, B4);
Concerning the knowledge of English, I received a Graduate Diploma in History and English Language, as mentioned above at point II.
Yes, I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.